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Don’t Let Your Currency be Seized When Traveling Internationally – TOP TIPS

posted by Jennifer Diaz November 20, 2012 2 Comments

The holidays are approaching… Do you intend to carry “monetary instruments” when traveling internationally?

Read on, these TOP 5 Tips when carrying “monetary instruments” above $10,000 can save you a U.S. Customs Seizure Case.

Here are your top tips to assure you get it right, and you’re not screaming “Help – U.S. Customs Took my Money at the Airport”.

1. If you intend to carry over $10,000 in monetary instruments, including travelers checks and U.S. or foreign money, you MUST fill out the required form, FINCEN Form 105.  Note, it is PERFECTLY acceptable to travel with currency, you JUST have to report it. Don’t be scared to do so.

2. Review U.S. Customs and Border Protection’s “Currency Reporting” flyer.  Make sure you memorize what “monetary instruments” consist of:

  • U.S. or foreign coins and currency;
  • Travelers checks (in any form);
  • Negotiable Instruments (including checks, promissory notes, and money orders – in a transferable form);
  • Incomplete instruments (checks, promissory notes, and money orders) that are signed with a payees name omitted;
  • Securities or stock in bearer form (in a transferable form)

3. Make sure you can explain the legitimate source of the money.

4. Make sure you can explain the legitimate intended use of the money.

5. Don’t divide currency for the purpose of evading reporting requirements.

Check out CBP’s recent seizures of currency and DON’T LET THIS HAPPEN TO YOU!:

 

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Help Us Celebrate 2017 Successes!

posted by Jennifer Diaz January 15, 2018 0 comments

DTL saved clients MILLIONS of dollars in 2017, below we list a summary of some of our compliance successes! Let us assist you in 2018!

U.S. Customs & Border Protection (CBP)

  • Assisted importers in filing prior disclosures that were accepted by CBP and/or DOC and avoiding substantial penalties.
  • Assisted importers in successfully responding to CBP 28’s and 29’s resulting in close outs, and no further enforcement action by CBP!
  • Assisted importers in creating and maintaining pre-compliance programs to evaluate intellectual property rights and pre-report merchandise to CBP resulting in expedited entry into the U.S. with no delays or examinations by CBP. Continue Reading
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Your Data is NOT Your Own at the Border

posted by Jennifer Diaz December 19, 2017 0 comments

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On November 15, 2017, DTL’s very own Jennifer Diaz, along with other experts, spoke at the AILA CLE Luncheon on travelers’ rights when encountering U.S. Customs and Border Protection (CBP) at airports and other ports of entry. As international travel continues to grow, coupled with increase national security efforts, it is imperative travelers know their rights when entering or exiting the U.S. Travelers enjoy taking their electronic devices with them for pleasure and/or work. Electronic devices hold considerable amounts of our personal or privileged information. 

What is CBP’s Policy? Continue Reading

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International Travelers Beware – U.S. Customs WILL Seize Your Money…

posted by Jennifer Diaz December 13, 2013 4 Comments

Money given away

International travelers often contact me with the same distraught face as the man pictured to my left, after their money is confiscated by U.S. Customs and Border Protection (CBP) as a result of not properly declaring currency on hand.

Declaration Form 6059B will look familiar to all international travelers as you fill it out when entering the U.S.  Many times, the rationale for seizure is that parties traveling together split their currency, and even though together they have over the $10,000 minimum, the travelers advise they are each carrying less then the $10,000 minimum requirement for reporting (in question 13 of Form 6059B), resulting in ALL of the currency on hand being seized. On a Typical Day in Fiscal Year 2015, CBP seized $356,396 in undeclared or illicit currency.

Recently, CBP seized $82,000 of currency, and arrested the female driver, after discovering three packages of bulk currency hidden within a vehicle as a female driver attempted to exit the U.S. and enter Mexico.

During this holiday season, this post will tell you what you need to know to assure it’s NOT YOU that has their currency seized when traveling internationally!

Continue Reading

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Can I Bring in More Than $10,000 to the United States When Travelling?

posted by Customs & International Trade Law Blog January 10, 2012 15 Comments

I’m coming back into the United States and I need to bring in more than $10,000. I heard that it is illegal to bring that much money into the U.S. when you travel. Am I allowed to bring in more than $10,000 to the U.S. when I travel? 

The simple answer to this question is: YES

Many people are under the impression that you are not allowed to carry more than $10,000 into the United States; this is nothing more than an urban legend. The fact is that you may legally carry any amount of money you want into or out of the United States, but there is a catch. When transporting more than $10,000, you must file a report declaring the exact amount of funds you are transporting to U.S. Customs and Border Protection (CBP). To be clear, there are no customs duties, taxes or other fees paid to U.S. Customs for the international transportation of the money; it is merely a reporting requirement to U.S. Customs.  On a Typical Day in Fiscal Year 2015, CBP seized $356,396 in undeclared or illicit currency.

If persons traveling together have $10,000 or more, they cannot divide the currency between each other to avoid declaring the currency. For example, if one person is carrying $5,000 and the other has $6,000, they have a total of $11, 000 in their possession and must report it.

What happens if you don’t declare your money? The penalties and repercussions can be severe. If you are stopped by a U.S. Customs and Border Protection officer and more than $10,000 is found on your person or in your belongings and this money was not declared, you run the very real risk of CBP taking all of the money you were carrying… and keeping it. Failure to report the international transportation of money is serious business. Not only could you lose your money forever, you may be subject to civil and criminal penalties.

On a side note, reporting requirements are not limited to cash dollars. The same requirements apply for various monetary instruments, including foreign currency, traveler’s checks, domestic or foreign bank notes, securities or stocks in bearer form. To learn more about the requirements of the Currency and Foreign Transaction Reporting Act, click here.

And if you are reading this blog post because you failed to report your funds and CBP has seized your money, your best bet is to contact an attorney who is knowledgeable and experienced with these matters (info@diaztradelaw.com). There is an administrative process by which you can attempt to recuperate your funds and having the assistance of a skilled attorney is key to maximizing your chance of getting your money back and minimizing your chances of exposing yourself to civil and criminal fines.

My firm and I are greatly experienced with these matters, having handled hundreds of these types of cases nationwide. This is a Federal process most often done through email, telephone and snail mail correspondence with the Federal Government and so we can help no matter where in the country you are located or your monies were seized. Although we are located in South Florida, we handle cases all over the country. 

We have a webpage dedicated to Currency Seizures HERE with REAL SEIZURE NOTICE examples from CBP, a video describing the process and a sampling of some of our REAL successful results.

*Successful Past Results

Some REAL examples include:

  • $54,000 Seized by CBP – $49,000 Returned to our client
  • $50,800 Seized by CBP – $45,800 Returned to our client
  • $39,000 Seized by CBP – $36,500 Returned to our client
  • $37,360 Seized by CBP – $33,500 Returned to our client
  • $31,062 Seized by CBP – $28,562 Returned to our client
  • $16,334 Seized by CBP – $15,334 Returned to our client

Additional blog posts on currency seizures may be found HERE.

Contact us at info@diaztradelaw.com today to discuss your specific case.

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Help! U.S. Customs Took My Money at the Airport

posted by Customs & International Trade Law Blog February 1, 2010 101 Comments

You may legally carry or mail any amount of money you want into or out of the United States, but if it is more than $10,000 at one time, you better first report it to U.S. Customs and Border Protection. Otherwise, you risk U.S. Customs taking it from you, and never getting it back. Why?  Because your failure to report the international transportation of money is a violation of the Currency and Foreign Transaction Reporting Act.

All too often, I am contacted by a distraught American citizen or resident returning from a trip overseas, or a foreign visitor to the United States, who was unaware of the laws regarding currency reporting.  The person was asked by a U.S. Customs officer upon arrival at the international airport if he or she was carrying over $10,000. When the passenger honestly answer “yes”, or the U.S. Customs officer believes the passenger may be lying about the amount of money being transported, the passenger and his or her luggage are examined.  If over $10,000 in monetary instruments, including travelers checks and U.S. or foreign money, is discovered, and the required form, FINCEN Form 105, has not been filed with U.S. Customs, all of the money is likely to be seized on the spot by U.S. Customs.

A formal Seizure Notice will eventually be issued by U.S. Customs to the passenger, and the passenger may hire a customs attorney to pursue the administrative petition process to get the money (or most of it) back.  Proof of the legitimate source of the money and proof of the legitimate intended use of the money are required in communicating with Customs.  Eventually, after several months, Customs may return typically 90% of the money.

It is an expensive mistake to not report to U.S. Customs when either carrying, mailing, or receiving over $10,000 internationally.  Please read U.S. Customs and Border Protection’s “Currency Reporting” requirements and look at the FINCEN Form 105 and its instructions before attempting to transport over $10,000.  There are no customs duties, taxes or other fees paid to U.S. Customs for the international transportation of the money; it is merely a reporting requirement to U.S. Customs.

My firm and I are greatly experienced with these matters, having handled hundreds of these types of cases nationwide. This is a Federal process most often done through email, telephone and snail mail correspondence with the Federal Government and so we can help no matter where in the country you are located or your monies were seized. Although we are located in South Florida, we handle cases all over the country. 

We have a webpage dedicated to Currency Seizures HERE with REAL SEIZURE NOTICE examples from CBP, a video describing the process and a sampling of some of our REAL successful results.

*Successful Past Results

Some REAL examples include:

  • $54,000 Seized by CBP – $49,000 Returned to our client
  • $50,800 Seized by CBP – $45,800 Returned to our client
  • $39,000 Seized by CBP – $36,500 Returned to our client
  • $37,360 Seized by CBP – $33,500 Returned to our client
  • $31,062 Seized by CBP – $28,562 Returned to our client
  • $16,334 Seized by CBP – $15,334 Returned to our client

Additional blog posts on currency seizures may be found HERE.

Contact us at info@diaztradelaw.com today to discuss your specific case.

International Travel

Carrying Cash When Traveling Internationally

posted by Customs & International Trade Law Blog August 3, 2009 2 Comments

 

Jennifer Diaz, Florida Customs and International Trade LawyerThere are many reasons to be detained by an officer of the United States Customs and Border Protection (CBP) when returning to the United States, but you wouldn’t think that one of those reasons would be because you have too much cash on you. CBP doesn’t come right out and say “show me the money”, but travelers are required to report monies over $10,000 and a supplemental form must be completed by the traveler. In speaking with many foreign travelers, the big misconception is that taxes, customs duties, or some other fee must be paid to the United States Government on the monies over $10,000. WRONG! 

Think about this, who travels with large amounts of money and for what? The most cash heavy travelers are gamblers attending Poker Tournaments, and tradeshow vendors/buyers that travel abroad to make their purchases. Do you really think that they pay customs duties on the cash- NO. On the merchandise possibly, but that’s another blog.

If you do not declare the cash you have and CBP finds it, you will not only forfeit all of your money, but you may also have to pay a penalty and possibly be criminally prosecuted.

In speaking with a few United States Immigration and Customs Enforcement (ICE) officers, CBP is more concerned about where the money came from and the reasons for carrying large amounts of cash than anything else. In today’s economy, could your average Joe Traveler just go to the bank and withdraw $10,000 and travel abroad? The answer is probably not. However, could the average Jane Buyer withdraw legitimate company funds, travel to a vendor’s factory and make purchases? Absolutely!

It basically comes down to these Do’s and Don’ts: 

  • Do advise CBP of what you have.
  • Don’t, under any circumstances, lie to CBP. 
  • Do declare the exact amount you are carrying.
  • Don’t try to hide money throughout your person and/or luggage with the thought that “They’ll never look there”, because they will. 
  • Do keep a record from where you withdrew the funds you are carrying.
  • Don’t try to pass off money to your traveling companion so the amount carried is less than $10,000. 
  • Don’t try to handle the matter without legal counsel familiar with these matters.

It’s not rocket science, but if you are willing to take a chance on CBP seizing your cash, the old adage comes to mind, “A fool and his gold are soon parted!”